THIS TRIAL CHAMBER of the International Tribunal for the Prosecution
of Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991 ("the
International Tribunal"),

BEING SEISED of a "Prosecutionís Request for Certification",
filed by the Prosecution on 24 June 2004 ("Request"), requesting the
Trial Chamber to certify, pursuant to Rule 73(B) of the Rules of Procedure and
Evidence ("Rules"), an interlocutory appeal of the Trial Chamberís
"Decision on Prosecutionís Second Motion to Resolve Conflict of Interest
Regarding Attorney Jovan SimicĒ, issued on 17 June 2004,

NOTING that the Prosecution sets forth several arguments in support
of the Request, including that:

the Trial Chamber erred in concluding that no conflict existed because the
Prosecution has no right to interview Mr. Prcac as a witness;1

the Prosecution request to interview Mr. Prcac causes the conflict of interest
to be actual, as Defence Counsel is put in a position whereby he has two conflicting
interests;2

it is in the interests of justice to have this matter resolved now, as opposed
to when steps are taken to interview Mr. Prcac, or when the Prosecution seeks
to call the witness;4 and

the issue of assignment of one counsel to two accused (who are alleged to
have been in a superior-subordinate relationship) should be resolved before
the trial in the current case commences,

NOTING that Counsel Jovan Simic has not responded to the Motion,

CONSIDERING that Rule 73(B) of the Rules requires that two criteria
be satisfied before the Trial Chamber can exercise its discretion to certify
a decision for interlocutory appeal: (1) the issue would significantly affect
the fair and expeditious conduct of the proceedings or outcome of the trial;
and (2) an immediate resolution of the issue may, in the opinion of the
Trial Chamber, materially advance the proceedings,

CONSIDERING that, in this matter, the Trial Chamber is satisfied that
the cumulative requirements under Rule 73 (B) of the Rules have been met,